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Constitutional Underpinnings
The Articles of
Confederation
vs.
The Constitution
Articles of Confederation
(1781-1789)
• First constitution of the
United States.
• Written in 1777
• Ratified (i.e. officially
approved) by all
colonies in 1781.
Articles of Confederation
(1781-1789)
• Confederation Congress
– Unicameral legislature was the only branch
of national government.
– One vote per state, regardless of
population.
– Congressmen elected once a year.
Articles of Confederation
(1781-1789)
• Confederation Congress
– laws required approval of 9 out of 13 states.
– Amendments required unanimous vote.
– Weak president was member of
Confederation Congress and elected once a
year. No separate executive branch.
Articles of Confederation
(1781-1789)
• Confederation Congress could:
– Declare war
– Enter into treaties with foreign nations
– Borrow and print money
– Ask for revenue from the states
– Command an army in case of armed conflict
Articles of Confederation
(1781-1789)
• Confederation Congress could NOT:
– Collect taxes
– Regulate commerce between states or
between states and foreign countries
– Draft soldiers to raise an army
– Interfere with the internal affairs of any of
the states
Articles of Confederation
(1781-1789)
• States could:
– Print their own money
– Enact tariffs on imports from other states
– Retain “sovereignty, freedom, and
independence, and every power,
jurisdiction, and right, which is not . . .
expressly delegated to the United States, in
Congress assembled.”
Road to the Constitution
• Annapolis Convention (1786)
– Only five states sent delegates
– James Madison and Alexander Hamilton pushed
for convention to revise Articles of Confederation
– Decided to reconvene 1787 in Philadelphia “for
the sole and express purpose of revising the
Articles of Confederation.”
Compromises at the Constitutional
Convention, 1787
• Debate over Representation
– Equality of states?
• Should states be represented equally
or in proportion to their population?
• Small states vs. larger states
Compromises
• Proposal:
– Virginia Plan, or Large state plan (James Madison)
• Legislature with two houses
(bicameral)
• Members of upper house selected by
the lower house
• Representation in the legislature
based on population.
Compromises
• Proposal:
– New Jersey Plan, or small state plan (William
Paterson)
• One legislative house (unicameral) in
which each state had an equal vote.
Compromises
• Connecticut or
Great Compromise
– Proposed by Roger
Sherman of
Connecticut
– Combined the two
proposals
– House based on
population
– Senate-equal representation
Compromises
• How should slaves be counted in determining
number of representatives in the House of
Representatives?
–Free states vs. slave states
–3/5 Compromise—3/5 of a state’s slave
population could count toward total
population
Compromise
• Will citizens be able to wisely choose the
President?
• The electoral college was a compromise—
– Citizens will vote on electors in their own states,
who will then cast the state’s votes for the
presidential candidate
Should the Constitution
be ratified?
Anti-Federalist view:
1. Liberty could be secure only in small republics
a) National government too distant from people
b) National government would destroy states
2. Preferred confederation, with strong state
government vested in state legislatures
3. Not enough restrictions on national
government in proposal-national government
too powerful
4. No individual Bill of Rights
Did We Need a Bill of Rights?
Federalist view--several guarantees in body of the Constitution
1. Habeas corpus
2. No bill of attainder
3. No ex post facto law
4. Trial by jury in criminal cases
5. Citizens of each state guaranteed the privileges and
immunities of citizens of every other state
6. No religious tests for federal office
7. No state could pass a law impairing the obligation of
contracts
8. Intent of Constitution–limit federal government to specific
powers
Also, most states already had Bills of Rights
Compromise
1. Ratification impossible without Bill of Rights
2. Promise by key Federalist leaders to obtain a
bill of rights under first Congress
3. All states eventually ratified the Constitution
by 1789
4. Twelve amendments approved by Congress;
10 ratified by the states and went into effect
in 1791-the Bill of Rights
Amendment Process
Article V sets forth the procedures for amending the
Constitution.
Constitutional amendments can be proposed either:
•
By passage in the House and Senate by a two-thirds vote
or
•
By passage in a national convention called by Congress in
response to petitions by two-thirds of the states
Amendment Process
Constitutional amendments can be ratified either:
•
By acceptance by majority vote in the legislatures
of three-fourths of the states
•
By acceptance by conventions called for the
purpose of ratifying in three-fourths of the states
Federalist 51: James Madison
• Divide government into separate and distinct branches that
will keep each branch in its proper place (separation of
power)
• Each branch will “check” the others (checks and balances)
• The legislative branch has a tendency to dominate; thus, it
should be divided into separate Houses (bicameral)
• Each department should be the least dependent as possible
on the others
• Enable government to control the governed
• Enable government to control itself
Key Principles of Representative
Democracy in America
1. Limited Government
1. Three categories of governmental powers
a.
b.
c.
2.
3.
4.
5.
6.
Enumerated (delegated) powers
Reserved powers
Concurrent powers
Separation of powers
Federalism
Checks and balances
Popular Sovereignty
Judicial Review
The Constitution
•
Compared to the Articles of Confederation, the
Constitution:
Increased the power of the central government through:
• Commerce and finance powers
• National judicial supremacy
• Stronger executive branch
The Constitution
• Sought to curb “excessive” democracy
– Congress based on representation –population and equal
representation (representative democracy)
– Electoral College
• Limited the potential for government abuse
– Bill of Rights
– Separation of powers
– Federalism